INTERNATIONAL LAW. International Law WPIR academic year 2012/2013

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1 INTERNATIONAL LAW Time: Tuesday, 11 a.m. - 1 p.m.; Thursday, 11 a.m. - 1 p.m. Location: Sezione Giuridica of the Department of Political and Social Studies Teacher: Carola Ricci carola.ricci@unipv.it Office Hours: Thurdays, 3-4 p.m. (Giuridico follow signs to Accademia dei giurisprivatisti europei ) Tutors: Dr. Laura Messina; Dr. Aldo Piccone; Dr. Camillo Toscano; Dr. Cecilia Zorzoli laura.messina01@ateneopv.it aldo.piccone@libero.it camillo.toscano01@universitadipavia.it cecilia.zorzoli01@universitadipavia.it Course Aims and Objectives: The course aims at presenting the latest developments in the theory and practice of international law rules governing the relationships between the various subjects and entities of the International Community. In particular, it aims to deepen students understanding of the fundamentals of international law-making mechanisms, and to enquire into the extent to which these are changing to adapt to the new demands of the International Community itself. There will be a special focus on the field of the protection of fundamental human rights and the punishment of international crimes. Course Structure /Description The first part of the Course is meant to provide a survey of international law making processes. The way international rules come into being and how they operate in the international legal system will be the core of the analysis. Although the main focus is on customary and treaty law, due attention will be paid also to general principles of law and soft law. The second part will deal with statehood and limits to domestic jurisdiction, with special emphasis on immunities and responsibility of the States to protect human rights through the analysis of the relevant case-law of the International Court of Justice (ICJ) and the European Court of Human Rights (ECHR). The third part will be devoted to the judicial reaction to the commission of international crimes by the ICJ, the International Criminal Tribunal for the Former Yugoslavia (ICTY) and International Criminal Court (ICC); a study visit to one or more of such international courts will be arranged around the end of the Course for those students who are willing to participate [note: each student has to organize the trip by his/her own and pay for travelling and lodging expenses]. Should the study visit turn out not to be feasible, lectures by prominent International Law Scholars will be organized on the same days. Background readings and on-line multimedia materials Since the Course requires the basic knowledge of the fundamentals, for those who have never taken any exam in International Law, I recommend at least the following materials: 1. LOWE V., International law, OUP, Oxford, 2007, Chapters 2, 3, 4 and 5; 2. CLAPHAM A., Human Rights. A very Short Introduction, OUP, Oxford, 2007, Ch. 1, 2, 3, 5, 7, 8; 3. The readings can be complemented by listening to the following lectures, available at the website of the United Nations Audiovisual Library of International Law ( 3.a: Judge Christopher Greenwood, The Sources of International Law, at the following link: 3.b: Judge Thomas Buergenthal, A Brief History of International Human Rights Law, at the following link: 3.c: Mr. Kevin Riordan, Basic Idea about International Criminal Law, at the following link: With the exception of the above mentioned textbooks (at n. 1-2 of the previous list), all of the required readings (cf. infra the detailed syllabus) will be made available on electronic reserve (within the so called Area riservata on the Course webpage with restricted access to attending students) please print these readings, bring them to class and be prepared to discuss specific points from the readings in class discussion. 1/6

2 Those who cannot find the textbooks in the University Libraries (or on Amazon) are kindly required to communicate it to me and to the tutors via . Course Requirements: Students taking International Law must satisfy four course requirements through: (i) a presentation to the class addressing a specific topic chosen among those selected in the list of assignment topics proposed to the students at the beginning of the course, (ii) a short paper on the same selected topic, (iii) participation in seminar discussion, and (iii) a final examination (oral). (i) (ii) (iii) (iv) Class presentation, addressing a specific topic chosen among those selected in the list of assignment topics ; each presentation will involve collaboration by two students. Each group should examine the issue or the empirical case relevant to the course and its work should be informed by the theoretical categories reviewed in our course readings; a short specific bibliography of adjunct readings could be provided in due course to each group. The presentation will be worth 25% of the total grade for the course. One short (6-8 page) paper on the chosen topic. Each member of the group should compose its own part of the paper, so that it is clearly distinct from the other s contribution, unless both authors agree to submit a common paper and accept the same mark. The paper is due no later than 15 days prior to the specific final examination date chosen. The paper will be worth 25% of the total grade for the course. Class participation. Students are expected to participate actively in seminar discussions, having read carefully the week s readings in time for the class. Moreover, each student will be the respondent for a selected topic presented to the class by a group specified by the teacher. Participation will comprise 25% of the final grade. Final Examination (oral): during the oral exam the paper will be discussed with the teacher; for the oral part each student will also be required to study the content of the course (required readings and cases), including one of the topics presented by the groups (at student s choice); this oral exam will count for 25% of the final grade. [Reminder on academic conduct: All students are expected to comply fully with common standards of good conduct, including with reference to the important issue of plagiarism. All students should, in all assignments, fully and unambiguously cite sources from which they are drawing important ideas. Failure to do so constitutes plagiarism, which is a serious act of academic misconduct and will result in a failing grade for the course]. 2/6

3 Class Schedule: Dates Week 1 (Tuesday 5 th -Thursday 7 th March) Week 2 (Tuesday 12 th Thursday 14 th March) Week 3 (Tuesday 19 th Thursday 21 st March) (Spring Semester Suspension) Week 4 (Tuesday 9 th Thursday 11 th April) Week 5 (Tuesday 16 th Thursday 18 th April) Week 6 (Tuesday 23 rd April) Week 7 (Tuesday 30 th April Thursday 2 nd May) Week 8 (Tuesday 7 th Thursday 9 th May) Week 9 (Tuesday 14 th Thursday 16 th May) Week 10 (Tuesday 21 st Thursday 23 rd May) Week 11 (Tuesday 28 th Thursday 30 th May) Subjects Presentation of the Course and assignments/ Introduction to International Law - Customary Law and Jus Cogens Treaties: the 1969 Vienna Convention Principles and Soft Law Statehood: elements/ Non-State Actors Limits to domestic jurisdiction of the States: (1) Immunities (2) Responsibility to respect and protect individuals: Human Rights Universal Approach Case-Law (3) Human Rights Regional Approach (European Convention of Human Rights) Universal jurisdiction over international crimes: from Nuremberg to ad hoc Criminal Tribunals The multilateral co-operation under the 1998 Rome Convention: the International Criminal 10 VISIT TO AN INTERNATIONAL INSTITUTION/LECTURE BY EXTERNAL EXPERTS (to be confirmed) Students oral presentation Students oral presentation 3/6

4 Class Schedule Syllabus Week 1 (Tuesday 5 th Thursday 7 th March): Introduction to international law: Customary Law and Jus Cogens JENNINGS R., What is International Law and How Do We Tell it When We See it?, in Collected Writings of Sir Robert Jennings, vol. II, The Hague, Kluwer, 1998, pp ; MÉGRET F., International Law as law, in J. CRAWFORD, M. KOSKENNIEMI (eds.), The Cambridge Companion to International Law, Cambridge University Press, Oxford, 2012, pp (Ch. 3). Week 2 (Tuesday 12 th Thursday 14 th March): Treaties: the 1969 Vienna Convention/Principles and Soft Law CASSESE A., International law, Oxford University Press, Oxford-New York, second edition, 2005, pp (Ch. 9-10); BOYLE A., Soft Law in International Law-Making, in M.D. EVANS (ed.), International Law, 3 rd Edition, Oxford University Press, 2010, pp (Ch.5). PCIJ, The Case of The S.S. Lotus, Judgment, 1927, Ser. A No. 10, available full text on-line at (see also Casenote Legal briefs in the Area riservata ); ICJ, Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion, 1996, available full text on-line at (see also Casenote Legal briefs in the Area riservata ); ICJ, North Sea Continental Shelf Cases (Federal Republic of Germany v. Denmark; Federal Republic of Germany v. Netherlands), Judgment, 1969, available full text on-line at (see also Casenote Legal briefs in the Area riservata ); ICJ, Case Concerning the Gabčíkovo-Nagymaros Project (Hungary v. Slovakia), Judgment, 1997, available full text on-line at (see also Casenote Legal briefs in the Area riservata ). Week 3 (Tuesday 19 th Thursday 21 st March): Statehood: elements/ Non-State Actors CRAWFORD J., The Creation of States in International Law, Oxford University Press, Oxford, 2006, pp (Ch. 2); CRAWFORD J., Brownlie s Principles of Public International Law, 8 th Edition, Oxford University Press, Oxford, 2012, pp (Ch. 5), pp (Ch. 20); CRAWFORD J., Sovereignty as a legal value, in J. CRAWFORD, M. KOSKENNIEMI (eds.), The Cambridge Companion to International Law, Cambridge University Press, Oxford, 2012, pp (Ch.5). 4/6

5 : Supreme Court of Canada, Reference Re Secession of Quebec, in International Legal Materials, vol. 37, pp , (see also Casenote Legal briefs in the Area riservata ); ICJ, Accordance with international law of the unilateral declaration of independence in respect of Kosovo, Advisory Opinion, 2010 available full text on-line at Week 4 (Tuesday 9 th Thursday 11 th April): Limits to domestic jurisdiction of the States: (1) Immunities SIMMA B., MÜLLER A.T., Exercise and limits of jurisdiction, in J. CRAWFORD, M. KOSKENNIEMI (eds.), The Cambridge Companion to International Law, Cambridge University Press, Oxford, 2012, pp (Ch. 6); CRAWFORD J., Brownlie s Principles of Public International Law, 8 th Edition, Oxford University Press, Oxford, 2012, pp (Ch. 22). : ICJ, U.S. Diplomatic and Consular Staff in Teheran Case, (U.S v. Iran), Judgment, 1980, in HARRIS D., Cases and Materials on International Law, 7 th Edition, Sweet & Maxwell, 2010, pp ; ICJ, Arrest Warrant Case (Democratic Republic of the Congo v. Belgium), Judgment, 2002, in HARRIS D., Cases and Materials on International Law, 7 th Edition, Sweet & Maxwell, 2010, pp ; ICJ, Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening), Judgment, 2012 available full text on-line at Week 5 (Tuesday 16 th Thursday 18 th April): (2) Responsibility to respect and protect individuals: Human Rights Universal Approach : SHAW M. N., International Law, 6 th Edition, Cambridge University Press, 2008, Ch. 6, pp ; SIMMA B., The International Court of Justice and Human Rights, in A. DI STEFANO, R. SAPIENZA (a cura di), La Tutela dei Diritti Umani e il Diritto Internazionale (XVI Convegno Catania 2011), Napoli, 2012, pp. 3-29; YUSUF A., The International Court of Justice (ICJ) and the Development of Human Rights Law: from Collective Rights to Individual Rights, in A. DI STEFANO, R. SAPIENZA (a cura di), La Tutela dei Diritti Umani e il Diritto Internazionale (XVI Convegno Catania 2011), Napoli, 2012, pp : ICJ, Legal Consequence of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, 2004, available full text on-line at (see also Casenote Legal briefs in the Area riservata ). Week 6 (Tuesday 23 rd April): (3) Human Rights Regional Approach (European Convention of Human Rights) 5/6

6 SHAW M.N., International Law, 6 th Edition, Cambridge University Press, 2008, Ch. 7, pp : ECHR, Şahin v. Turkey, Application No /98, Judgment, 2005, available full text on-line at (see also Casenote Legal briefs in the Area riservata ). Week 7 (Tuesday 30 th April Thursday 2 nd May): Universal jurisdiction over international crimes: from Nuremberg to ad hoc Criminal Tribunals CASSESE A., International law, Oxford University Press, Oxford-New York, second edition, 2005, pp (ch. 21); POCAR F., International Criminal Tribunals and Human Rights, in A. DI STEFANO, R. SAPIENZA (a cura di), La Tutela dei Diritti Umani e il Diritto Internazionale (XVI Convegno Catania 2011), Napoli, 2012, pp : ICTY, Prosecutor v. Tadić, Trial Chamber, Judgment of 7 May 1997 and Appeals Chamber, Judgment of 15 July 1999, available full text on-line at (see also Casenote Legal briefs in the Area riservata p.22,42); ICTY, Prosecutor v. Kupreškić et al., Trial Chamber, Judgment of 14 January 2000 and Appeals Chamber, Judgment of 23 October 2001(available on-line at ICTY, Prosecutor v. Milutinovic, Trial Chamber, Judgment of 26 February 2009, available full text on-line at (see also Casenote Legal briefs in the Area riservata - p 148). Week 8 (Tuesday 7 th Thursday 9 th May): The multilateral co-operation under the 1998 Rome Convention: the International Criminal 10 CASSESE A., International Criminal Law, Oxford University Press, Oxford, 2008, pp (Ch. 16); MERON T., Universality, Complementarity, and Cooperation Between States Parties to the Rome Statute and Non-Party States, in G. VENTURINI, S. BARIATTI (a cura di), Diritti Individuali e Giustizia Internazionale, Liber Fausto Pocar, Giuffré Editore, Milano, 2009, pp Week 9 (Tuesday 14 th Thursday 16 th May): VISIT TO AN INTERNATIONAL INSTITUTION/LECTURE BY AN EXTERNAL EXPERT (to be confirmed) Week 10 (Tuesday 21 st Thursday 23 rd May) and Week 11 (Tuesday 28 th Thursday 30 th May): Working Groups: Oral Presentation 6/6